Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698929000790.pdf (New Zealand)
Victims’ Orders Against Violent Offenders Bill Government Bill As reported from the Law and Order Committee Commentary Recommendation The Law and Order Committee has examined the Victims’ Orders Against Violent Offenders Bill and recommends that it be passed with the amendments shown.
Introduction The bill seeks to recognise the ongoing effects of serious violent of- fending on victims by giving them the power to apply for a non-con- tact order against the offender, which prohibits the offender from hav- ing any form of contact with the victim.

The orders can be temporary or final, and aim to limit the chances of a victim coming into contact with the person who offended against them.

There are other types of orders currently existing to protect victims, but they have limita- tions.
The bill incorporates the definition of “victim” from the Vic- tims’ Rights Act 2002.

This commentary covers the main amendments we recommend to the bill.

It does not cover minor or technical amendments.

126—2 2 Victims’ Orders Against Violent Offenders Bill Commentary Current legislation There are a range of measures currently in place aimed at preventing offenders from coming into contact with their victims.
The Domestic Violence Act 1995 provides for protection orders, aimed at victims of domestic violence, and the Harassment Act 1997 for restraining orders, which protect from harassment.

Parole conditions can also be used to restrict the access to a victim of a serious crime on release of an offender, and an offender can be bound over to keep the peace.

These orders are generally time-limited, with only a protection order able to exist indefinitely.
Bonds can last up to one year, as can re- straining orders unless the imposing judge specifies otherwise.

Pa- role conditions cannot extend more than six months after the of- fender’s statutory release date, unless the offender has an indetermi- nate sentence.

There is currently no long-term mechanism in place by which the Police or the courts can prevent an offender from coming into contact with a victim in the absence of a domestic relationship or evidence of deliberate harassment.
A victim may not apply for a non-contact order if another form of order is currently in place, but they can apply to have the existing order discharged and a non-contact order imposed.

Purpose We recommend amending clause 3 to explicitly acknowledge the on- going effects of serious violent offending for victims.
Meaning of violent offender Clause 5 of the bill as drafted defines a violent offender as being a person convicted of a violent offence for which they have been sen- tenced to a term of imprisonment of five years or more.
We recom- mend that this be changed to imprisonment of more than two years, to make it consistent with the definition of “long-term sentence” in the Parole Act 2002, and because an offence can have a serious impact on the victim, and yet not attract a sentence that reached the proposed threshold.
In coming to our decision to recommend the reduction in qualifying sentence we were careful to balance the rights of the victim to avoid contact with the offender with those of the offender to resume a nor- mal life after having paid their debt to society.
Submitters agreed Commentary Victims’ Orders Against Violent Offenders Bill 3 with us that there are human rights issues involved in making de- cisions about the imposition of orders, and we received advice that orders must be viewed as protective not punitive.

The courts will have discretion in making orders to ensure they are made only in ap- propriate cases.
The number of released prisoners who meet the sentencing criteria over the last five years has shown a slight upwards trend, but has remained under 1000 every year.

The number of victims seeking a non-contact order is likely to be low; however this is difficult to estimate.1 Some victims will be covered by protection or restraining orders.
Final non-contact orders to apply to others We recommend that the bill provide, under our recommended new clause 11B, for final non-contact orders to extend to associates of the offender under certain circumstances.

To meet the criteria under new clause 11B, the offender would have to have encouraged the associate to behave in proscribed ways set out in the bill, and the associate would have to have engaged in that behaviour, and that behaviour is harming the victim’s recovery from the initial offence.
In these circumstances a final contact order can be made against both the offender and the associate and they would each be liable for their actions under the bill.

The definition of associate has been inserted into clause 4.

Applying for an order Under clause 7 of the bill as drafted a victim can apply to a District Court for a non-contact order at any time after the offender has been released from prison.

We recommend this be amended so that appli- cations can be made any time after sentencing.
This would protect victims from any attempt by an offender to contact the victim from within prison, or any attempts by associates of the offender to do so.

It would also cover any gap in protection for a victim between the release of an offender and a non-contact order being made.

We also recommend amending clause 7 to allow an application for a non-contact order to be made without notice if the court is satisfied 1 Regulatory Impact Statement prepared by the Ministry of Justice.
4 Victims’ Orders Against Violent Offenders Bill Commentary that the delay resulting from proceeding on notice could entail undue hardship for the victim.

We recommend clause 11 be amended and new clause 11A be in- serted to provide for two types of non-contact orders, temporary and final.

A temporary non-contact order is made on application with- out notice; it prohibits the offender from making any form of contact with the victim but does not include any specific restrictions on the offender.
A final non-contact order is made on application with no- tice and can include prohibitions on the offender entering, residing in, or undertaking employment in a specified area.

We recommend new clause 15B be inserted so that an offender can apply to the court to be heard on whether a temporary non-contact order will become final.
When the offender does not exercise that right, unless the temporary order is discharged, and subject to pre- scribed methods of ensuring the offender is fully informed of the process and his or her rights, the temporary non-contact order should automatically become a final order three months after it is made.

It is expected that there will be only minor costs involved for victims who choose to apply for a non-contact order, and applicants will not require legal representation in most cases.
Duration, variation, and discharge of non-contact orders A non-contact order starts on the day on which it is served on either the offender or an associate.

A final non-contact order remains in force for the period the court specifies when it imposes it.

If the court does not specify a period, the order expires two years from the date on which it starts.

We recommend clause 15 be amended so that associates may apply to the court to have a non-contact order discharged so far as it relates to them.
We also recommend amending clause 15 so that a non-contact order discharged by the court on the application of a victim or offender would also cease to apply to any associate.

We recommend that new clause 15A be inserted so that a non-contact order made against an offender would be discharged if the offender’s conviction or sentence were quashed or otherwise set aside or substituted so that the offender no longer meets the definition of violent offender under this bill.
Commentary Victims’ Orders Against Violent Offenders Bill 5 We recommend that new clause 13A be inserted so that both victims and offenders can apply for a variation of any conditions or directions imposed in respect of a temporary non-contact order.

We recom- mend amending clause 14 of the bill to apply only to final non-con- tact orders.
For final orders, the victim or offender may apply, and the court may grant, variations on the restrictions relating to the offender entering, residing, or working within a specified area, imposed by the order, or on the duration of the order.

Breach of a non-contact order We recommend amending clause 18 of the bill, so that an associate as well as an offender would commit an offence if they do anything prohibited in the order without reasonable excuse.
If an offender or associate is convicted of an offence they should be liable for a custodial sentence of two years or less or a fine of $5000 or less.

Victims’ Orders Against Violent Offenders Bill Commentary 6 Appendix Committee process The Victims’ Orders Against Violent Offenders Bill was referred to the committee on 29 August 2013.

The closing date for submissions was 10 October 2013.

We received and considered ten submissions from interested groups and individuals, and we heard three submis- sions.
We received advice from the Ministry of Justice.
Committee membership Jacqui Dean (Chairperson) Jacinda Ardern David Clendon Hon Phil Goff Hon Todd McClay Ian McKelvie Mark Mitchell Richard Prosser Lindsay Tisch Victims’ Orders Against Violent Offenders Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Judith Collins Victims’ Orders Against Violent Offenders Bill Government Bill Contents Title Commencement Part 1 Preliminary provisions Purpose Interpretation Meaning of violent offender or offender Act binds the Crown Part 2 Non-contact orders Applications Application for non-contact order Disclosure of offender’s address Making non-contact orders Power to make non-contact order Effect of non-contact orders 11 11A Effect of temporary non-contact order Effect of final non-contact order 126—2 Page 3 3 3 3 6 6 6 7 8 9 9 1 Victims’ Orders Against Violent Offenders Bill Direction that final non-contact order apply to other persons 11B Application for direction that final non-contact order apply against other persons Commencement of non-contact orders 12 Commencement of non-contact order Duration, variation, and discharge of non-contact orders Duration of final non-contact order Variation of temporary non-contact order Variation of final non-contact order Discharge of non-contact order on application Discharge of non-contact order by operation of law Procedure after temporary non-contact order made Offender may require hearing Procedure where offender does not require hearing Court may require hearing before order becomes final Procedure where hearing required 13 13A 14 15 15A 15B 15C 15D 15E Enforcement of non-contact orders 17 18 Copies of orders to be sent to Police Offence to breach non-contact order Miscellaneous matters 18A 18B 18C Admission of evidence Vexatious proceedings Explanation of orders Rules of court Rules Sharing of information relating to criminal proceedings Amendment to Criminal Procedure Act 2011 Sharing of information about non-contact orders Amendment to Privacy Act 1993 20 21 22 2 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 19 19 19 Victims’ Orders Against Violent Offenders Bill Part 1 cl 4 The Parliament of New Zealand enacts as follows: 1 2 3 (1) (2) 4 Title This Act is the Victims’ Orders Against Violent Offenders Act 2013.
Commencement This Act comes into force on the day that is 6 months after the date on which it receives the Royal assent.

5 Part 1 Preliminary provisions 10 Purpose The purpose of this Act is to reduce the likelihood of a vic- tim of a violent offence coming into contact with the offender subsequent to the offender’s release from prison in any case where that contact would be detrimental to the victim.
To achieve this purpose, the Act empowers the court, on the 15 application of a victim, to make a non-contact order prohibit- ing the offender from having any form of contact with the vic- tim.

This Act— (a) acknowledges the ongoing effects of serious violent of- 20 fending for victims; and (b) with a view to lessening those effects, empowers the court, on the application of a victim, to make a non- contact order prohibiting the offender from having any form of contact with the victim.
25 Interpretation In this Act, unless the context otherwise requires,— associate means a person against whom a final non-contact order applies pursuant to a direction made under section 11B Board has the meaning given to it by section 4(1) of the Parole 30 Act 2002 child means a boy or girl under the age of 14 years 3 Part 1 cl 4 Victims’ Orders Against Violent Offenders Bill court means a District Court, and includes a District Court Judge encourage includes to incite, counsel, or procure final non-contact order means a non-contact order referred to in section 9(4) immediate family, in relation to a victim,— (a) means a member of the victim’s family, whānau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the vio- lent offence; and to avoid doubt, includes a person who is— (i) (b) 5 10 the victim’s spouse, civil union partner, or de facto partner; or the victim’s child or stepchild; or the victim’s brother or sister or stepbrother or 15 stepsister; or a parent or step-parent of the victim; or a grandparent of the victim (ii) (iii) (iv) (v) incapable, in relation to a person,— (a) means that the person— 20 (i) (ii) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or has the capacity to understand the nature, and to 25 foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to commu- nicate decisions in respect of matters of that kind; and 30 (b) includes the person being in a state of continuing un- consciousness non-contact order means an order made under section 10 non-contact order means— (a) (b) a temporary non-contact order: a final non-contact order 35 4 Victims’ Orders Against Violent Offenders Bill Part 1 cl 4 standard extended supervision conditions means the stand- ard extended supervision conditions set out in section 107JA of the
 Parole Act 2002 release conditions has the meaning given to it by section 4(1) of the Parole Act 2002 temporary non-contact order means a non-contact order re- ferred to in section 9(3) victim— (a) means— (i) 5 (ii) (iii) (iv) 15 a person against whom a violent offence is com- 10 mitted by another person; and a person who, through or by means of a vio- lent offence committed by another person, suf- fers physical injury, or loss of, or damage to, property; and a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the violent offence con- 20 cerned; and a member of the immediate family of a person who, as a result of a violent offence committed by another person, dies or is incapable, unless that member is charged with the commission of, 25 or convicted or found guilty of, or pleads guilty to, the violent offence concerned; but (b) despite paragraph (a), if a violent offence is commit- ted by a person, does not include any other person who (whether as a principal or party or accessory after the 30 fact or otherwise)— (i) is charged with the commission of, or convicted or found guilty of, that offence; or is charged with the commission of, or convicted or found guilty of, an offence relating to the same 35 incident or series of incidents as that offence (ii) violent offence has the meaning given to serious violent of- fence by section 86A of the Sentencing Act 2002 5 Part 1 cl 5 Victims’ Orders Against Violent Offenders Bill violent offender or offender has the meaning given to it by section 5 young person means a boy or girl of or over the age of 14 years but under 17 years, but does not include a person who is or has been married or is in a civil union.
5 5 (1) (2) (b) Meaning of violent offender or offender In this Act, violent offender or offender, in relation to a vic- tim, means a person who at any time— (a) has been convicted of a violent offence that affected the victim; and has been sentenced to a term of imprisonment of 5 years or more than 2 years in respect of that offence.
For the purposes of subsection (1)(b), it does not matter if,— at the time the sentence of imprisonment was imposed, (a) the person was already subject to a term of imprison- 15 ment for another offence or 1 or more other offences; or the sentence of imprisonment was imposed concur- rently with another sentence of imprisonment for another offence or 1 or more other offences.

(b) 10 20 6 Act binds the Crown This Act binds the Crown.
Part 2 Non-contact orders Applications 25 Application for non-contact order 7 (1) A victim of a violent offence may make an application to the court for a non-contact order in respect of against a violent offender at any time after the offender has been released from prison at any time after the offender has been sentenced in 30 respect of the offence.
(2) However, a victim may not make an application under sub- section (1) if— 6 (3) 8 (1) 10 15 20 Victims’ Orders Against Violent Offenders Bill Part 2 cl 8 (a) (b) there is in force a protection order against the offender made under the Domestic Violence Act 1995 and the victim is a protected person under that order; or there is in force a restraining order against the offender made under the Harassment Act 1997 for the protection 5 of the victim.
(2A) An application under subsection (1) may be made— (a) without notice, if the court is satisfied that the delay that would be caused by proceeding on notice would or might entail undue hardship for the victim; or on notice.

(b) For the purposes of subsection (2), protected person has the meaning given to it by section 2 of the Domestic Violence Act 1995.
Disclosure of offender’s address This section applies if— (a) (b) (c) an application for a non-contact order is made on notice by a victim; and the victim does not know the full name or and address of the offender; and the Registrar of the court in which the application is made has good reason to believe that the full name and address of the offender is known to— (i) (ii) the Commissioner of Police: the chief executive of the Department of Correc- 25 tions.
(2) If this section applies, the Registrar may request either or both of the persons specified in subsection (1)(c) (1)(c)(i) and (ii) to supply to the Registrar the full name and address of the offender.

(3) As soon as practicable after receiving a request under subsec- tion (2), a person must— (a) (b) respond to that request; and supply to the Registrar the information requested if that information is known.
(4) If information is supplied to the Registrar under subsection (3), court staff— 30 35 7 Part 2 cl 9 Victims’ Orders Against Violent Offenders Bill (a) must treat that information as confidential; and (b) must not disclose the information other than to— (i) (ii) (iii) effect service of the application on the offender; and enable the court to consider the victim’s applica- 5 tion; and effect service of any order made under section 9 on the offender.
Making non-contact orders 9 (1) 10 (b) Power to make non-contact order The court may make a non-contact order if it is satisfied that— there are ongoing effects of the offending for the victim; (a) and the possibility of contact between the victim and the violent offender will be detrimental to the victim’s abil- 15 ity to deal with manage those effects; and the making of the order is reasonably necessary to avoid contact between the victim and the violent offender; and taking into account all of the circumstances, the making of the order is justified.
(d) (c) 20 (2) The court may make a non-contact order under subsection (1) in respect of a violent offender, even if there has previously been a non-contact order in force against the offender, on the application of the same, or any other, victim.

(3) A non-contact order made on an application without notice is 25 a temporary order.

(4) A non-contact order made on an application on notice is a final order.
Existence of conditions imposed by Board or court not to preclude making of non-contact order A court may make a non-contact order even if the violent of- fender is subject to any of the following types of conditions imposed by the Board or the sentencing court in relation to the violent offence that affected the victim: (a) (b) release conditions: standard extended supervision conditions.
30 35 10 8 Victims’ Orders Against Violent Offenders Bill Part 2 cl 11A Effect of non-contact orders Effect of temporary non-contact order 11 (1) A temporary non-contact order prohibits the offender against whom it is made from— (a) 5 doing, or threatening to do, any of the following: (i) watching, loitering near, or preventing or hinder- ing access to or from the protected victim’s place of residence, business, employment, educational institution, or any other place that the offender knows the victim visits often; or: (ii) following, stopping, or accosting the victim; or: (iii) making contact with the victim (whether by telephone, email electronic message, corres- pondence, or in any other way); or: giving offensive material to the victim, or leav- 15 ing offensive material where it will be found by, given to, or brought to the attention of the victim; and (iv) 10 (b) (c) (d) (e) encouraging any other person to do any of the acts spe- cified in paragraph (a) to the victim, where those acts, 20 if done by the offender, would be prohibited by the order; and.
entering any area that may be specified by the court; and residing within any area that may be specified by the court; and engaging in employment in any area that may be speci- fied by the court.

25 (2) When making a temporary non-contact order, the court may, in relation to any of the prohibitions in subsection (1), im- pose any conditions or make any directions that it considers 30 reasonably necessary in the circumstances.
11A Effect of final non-contact order (1) A final non-contact order prohibits the offender against whom it is made from— (a) doing, or threatening to do, any of the following: (i) watching, loitering near, or preventing or hinder- ing access to or from the victim’s place of resi- dence, business, employment, educational insti- 35 9 Part 2 cl 11B Victims’ Orders Against Violent Offenders Bill tution, or any other place that the offender knows the victim visits often: (ii) following, stopping, or accosting the victim: (iii) making contact with the victim (whether by tele- (iv) phone, electronic message, correspondence, or in 5 any other way): giving offensive material to the victim, or leav- ing offensive material where it will be found by, given to, or brought to the attention of the victim; and 10 (b) (c) (d) (e) encouraging any other person to do any of the acts spe- cified in paragraph (a) to the victim, where those acts, if done by the offender, would be prohibited by the order; and entering any area that may be specified by the court; and 15 residing within any area that may be specified by the court; and engaging in employment in any area that may be speci- fied by the court.
(2) When making a non-contact order, the court may, in relation 20 to any of the prohibitions in subsection (1), impose any con- ditions or make any directions that it considers reasonably ne- cessary in the circumstances.
Direction that final non-contact order apply to other persons 25 11B Application for direction that final non-contact order apply against other persons (1) A victim may apply to the court for a direction that a final non-contact order against the offender also apply against any other person named in the application on the grounds that— 30 (a) the person— (i) has been encouraged by the offender to engage in behaviour of the kind described in section 11A(1)(a); and has engaged in any of those kinds of behaviour; 35 and (ii) 10 Victims’ Orders Against Violent Offenders Bill Part 2 cl 13 (b) the person’s behaviour has been, and continues to be, detrimental to the victim’s ability to manage the effects of the offending.
(2) An application may be made under subsection (1)— (a) (b) at the same time as making the application on notice for 5 a final non-contact order; or at any subsequent time while the final non-contact order continues in force.
(3) On hearing an application made under subsection (1), the court may direct that the final non-contact order apply against 10 any other person named in the application if the court is satis- fied that— (a) the grounds in that subsection have been established; and the person engaged in the behaviour without a lawful 15 purpose.
(b) (4) Where, pursuant to subsection (3), a final non-contact order applies against any person, that person is prohibited from engaging in behaviour of the kind described in section 11A(1)(a).

20 Commencement of non-contact orders Commencement of non-contact order 12 (1) A non-contact In relation to an offender against whom a non- contact order is made, the order commences on the day on which it is served on the offender against whom the order is 25 made.
In relation to an associate against whom a final non-contact order is directed to apply, the order commences on the day on which it is served on the associate.

(2) Duration, variation, and discharge of non-contact orders Duration of final non-contact order 13 (1) A final non-contact order may be made for such period (whether longer or shorter than 2 years) as the court may specify.
(2) A final non-contact order continues in force until— 30 35 11 Part 2 cl 13A Victims’ Orders Against Violent Offenders Bill (a) (b) (c) it is discharged under section 15 or 15A; or the expiry of the period specified by the court; or if no period is specified by the court, the expiry of 2 years from the date on which the order commences.
13A Variation of temporary non-contact order 5 The victim or the offender may at any time make an applica- tion to have varied any conditions or directions imposed under section 11(2) in respect of a temporary non-contact order.

14 (1) Variation of final non-contact order The victim or the offender may at any time make an application 10 to have a final non-contact order varied.
(2) On the hearing of an application made under subsection (1), the court may, if it thinks fit,— (a) section 11A(1)(c): section 11A(1)(d): section 11A(1)(e): vary or discharge a prohibition specified in 1 or more of the following: (i) (ii) (iii) reduce or extend the duration of the order, whether by specifying a period under section 13(1) or by reducing 20 or extending any such specified period.
15 (b) The court must not extend the duration of a final non-contact order under this section unless the court is satisfied that the extension is, in all of the circumstances, justified.
25 Power to vary non-contact order The court may, if it thinks fit, vary a non-contact order on the application of the victim or the offender against whom the order is made— (a) section 11(1)(c): section 11(1)(d): section 11(1)(e): by varying or discharging a prohibition specified in 1 or more of the following: (i) (ii) (iii) by reducing or extending the duration of the order, whether by specifying a period under section 13(1) or 35 by reducing or extending any such specified period.
30 (b) (3) 14 (1) 12 Victims’ Orders Against Violent Offenders Bill Part 2 cl 15A (2) 15 15 (1) The court must not extend the duration of a non-contact order under this section unless the court is satisfied that the extension is, in all of the circumstances, justified.

Power to discharge non-contact order The court may, if it thinks fit, discharge a non-contact order on 5 the application of the victim or the offender against whom the order is made.
Discharge of non-contact order on application The victim or the offender may at any time make an application to have a non-contact order discharged.

10 (2) An associate may at any time make an application to have a non-contact order discharged in so far as it relates to the associate.

(3) On hearing an application made under subsection (1), the court may, if it thinks fit, discharge the non-contact order, in 15 which case the non-contact order also ceases to apply in re- spect of every associate.
(4) On hearing an application made under subsection (2), the court may, if it thinks fit, discharge the non-contact order in so far as it relates to the associate.
20 15A Discharge of non-contact order by operation of law (1) A non-contact order made against an offender is discharged by operation of law if— (a) (b) the offender’s conviction for the violent offence that affected the victim is quashed or otherwise set aside; 25 or the offender’s sentence for the violent offence that af- fected the victim is— (i) (ii) (iii) quashed or otherwise set aside; or substituted with a non-custodial sentence; or substituted with a sentence of imprisonment for a term of 2 years or less.
30 (2) A non-contact order that is discharged by operation of law ceases to have effect against every associate.

13 Part 2 cl 15B Victims’ Orders Against Violent Offenders Bill Procedure after temporary non-contact order made 15B Offender may require hearing (1) Where the court makes a temporary non-contact order, the of- (2) (3) fender is entitled to notify the court that he or she wishes to be 5 heard on whether a final non-contact order should be substi- tuted for the temporary non-contact order.
The temporary non-contact order must contain a notice to the offender that clearly states— (a) (b) the offender’s right under subsection (1); and that, subject to section 15D, if the offender does not take any steps in the proceedings, the temporary non- contact order becomes a final non-contact order by op- eration of law 3 months after the date on which it was made.
10 15 If, under subsection (1), the offender notifies the court that he or she wishes to be heard, the Registrar of the court must assign a hearing date, which must be— as soon as practicable; and (a) unless there are special circumstances, not later than 42 20 (b) days after receipt of the offender’s notice.
15C Procedure where offender does not require hearing (1) If the offender does not notify the court under section 15B that he or she wishes to be heard then, unless the temporary non-contact order is earlier discharged, the order becomes a 25 final non-contact order by operation of law 3 months after the date on which it is made.
(2) However, a temporary non-contact order does not become a final non-contact order under subsection (1) unless the of- fender has been served with a copy of the order at least 10 30 days before the 3-month period specified in subsection (1) elapses.
If, pursuant to subsection (2), a temporary non-contact order does not become a final non-contact order, the court may from time to time extend the period within which the temporary 35 non-contact order may be served and the temporary non-con- (3) 14 5 10 Victims’ Orders Against Violent Offenders Bill Part 2 cl 16 tact order continues in force until the expiry of any such ex- tensions.
(4) Any extension or extensions under subsection (3) may not extend the period within which a temporary non-contact order may be served by more than 3 months in total.

If the period for service of a temporary non-contact order has been extended under subsection (3) and at the expiry of that period the temporary non-contact order has not been served, the order lapses.
(5) 15D Court may require hearing before order becomes final (1) If, on or after making a temporary non-contact order, the court considers that there is good reason why the order should not become final in accordance with section 15C(1) without a hearing at which the victim or the offender, or both, are present or represented, the court, of its own motion, may direct that 15 there be a hearing.

(2) A direction made under subsection (1) may be made even (3) (4) though the offender does not wish to be heard.
If, pursuant to subsection (1), the court directs that there be a hearing, the Registrar must assign a hearing date as soon as 20 practicable.

If the court makes a direction under subsection (1), it may issue a summons requiring the offender to attend the court at a place and time specified in the summons.
15E Procedure where hearing required 25 If, pursuant to section 15B, the offender notifies the court that he or she wishes to be heard, or in any other case where a hearing is required or held, the court may at the hearing— (a) discharge the temporary non-contact order; or (b) make the temporary non-contact order a final non-con- 30 tact order (with or without variation).
Vexatious proceedings 16 (1) A court may dismiss any proceedings before it under section 14 or 15 if it is satisfied that they are— (a) frivolous; or 35 15 Part 2 cl 17 Victims’ Orders Against Violent Offenders Bill (2) 17 (1) vexatious; or an abuse of the procedure of the court.
(b) (c) If a court is satisfied that a person has persistently instituted vexatious proceedings under section 14 or 15, the court may, after giving the person an opportunity to be heard, make an 5 order prohibiting the person from commencing any proceed- ings under those sections without the leave of the court.
Enforcement of non-contact orders Copies of orders to be sent to Police This section applies to the following orders: (a) (b) (c) a non-contact order; and an order varying a non-contact order; and an order discharging a non-contact order.
(2) On the making of an order to which this section applies, the 10 (3) Registrar of the court in which the order is made must ensure 15 that a copy of the order is made available, without delay, to the constable in charge of the Police station nearest to where the victim resides.
For the purposes of this section, a copy of an order may be made available in any of the following ways: (a) 20 by sending the copy by means of electronic transmis- sion (whether by fax, email electronic message, or other similar means of communication): by entering the copy on a database maintained in elec- tronic form, where that database may be accessed by 25 the constable to whom the copy is required to be made available: by sending the order by ordinary post: by making the copy available in such other manner as is appropriate in the circumstances.
30 (b) (c) (d) Offence to breach non-contact order 18 (1) An offender against whom a non-contact order is made com- mits an offence if the offender, without reasonable excuse, does anything prohibited by the order.

(2) An offender who is convicted of an offence against this section 35 is liable on conviction to— 16 Victims’ Orders Against Violent Offenders Bill Part 2 cl 18B (a) (b) imprisonment for a term not exceeding 6 months; or a fine not exceeding $5,000.
(3) However, an offender who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 2 years if— (a) 5 that offender has 2 or more previous convictions for offences against this section in relation to a non-contact order made on the application of the same victim; and at least 2 of those offences were committed not earlier than 3 years before the commission of the offence being 10 dealt with by the court.
(b) (2) An associate against whom a final non-contact order is di- rected to apply commits an offence if the associate, without reasonable excuse, does anything prohibited by the order.

(3) An offender or associate who is convicted of an offence against 15 this section is liable to— (a) (b) imprisonment for a term not exceeding 2 years; or a fine not exceeding $5,000.
Miscellaneous matters 18A Admission of evidence 20 In any proceedings under this Act (other than criminal pro- ceedings), and whether by way of hearing in the first instance or by way of appeal, the court may receive any evidence, whether or not admissible under the Evidence Act 2006, if the court is satisfied that the admission of the evidence is in the 25 interests of justice.
18B Vexatious proceedings (1) A court may dismiss any proceedings before it under section frivolous; or vexatious; or an abuse of the procedure of the court.
14 or 15 if it is satisfied that they are— (a) (b) (c) If a court is satisfied that a person has persistently instituted vexatious proceedings under section 14 or 15, the court may, after giving the person an opportunity to be heard, make an 35 30 (2) 17 Part 2 cl 18C Victims’ Orders Against Violent Offenders Bill order prohibiting the person from commencing any proceed- ings under those sections without the leave of the court.
18C Explanation of orders (1) Where, in any proceedings under this Act (other than criminal proceedings), the offender or associate, as the case may be, 5 is before the court, then on making a non-contact order (other than an order discharging a non-contact order), the Judge must explain to that person— (a) (b) the effect of the order; and the consequences that may follow if the person fails to 10 comply with the terms of the order; and the means by which the order can be varied or dis- charged.
(c) (2) (3) A Registrar may give the explanation required by subsection (1).

Failure to give the explanation required by subsection (1) does not affect the validity of the order made.
(4) Where the court makes an order under this Act, the copy of the order that is given to or served on the offender (and, where applicable, the associate) must include a notice stating— (a) the consequences that may follow if the person fails to comply with the terms of the order; and the means by which the order can be varied or dis- charged.

(b) 15 20 Failure to include in a copy of an order made under this Act the 25 notice required by subsection (4) does not affect the validity of the order made.
Power to arrest for breach of non-contact order If a non-contact order is in force, any constable may arrest, without warrant, any person who the constable has good cause 30 to suspect has breached the non-contact order.
(5) 19 18 Victims’ Orders Against Violent Offenders Bill Part 2 cl 22 Rules 20 (1) Rules of court In addition to all the other powers conferred by the District Courts Act 1947, the Governor-General may from time to time, by Order in Council, make rules— (a) regulating the practice and procedure of District Courts in proceedings under this Act: providing for such matters as are contemplated by this Act or necessary for giving full effect to the its provi- sions of this Act and for its due administration.
(b) 5 10 (2) Without limiting subsection (1), rules made under that sub- section may— (a) prescribe such forms as are necessary for the purposes of this Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of 15 such forms: apply, with or without modification, provisions of the District Courts Rules 2009.
(b) (3) 21 (1) (2) 22 (1) (2) In the absence of any rules under this section or in any situ- ation not covered by such rules, the District Courts Rules 2009 20 apply, with all necessary modifications, to proceedings under this Act.

Sharing of information relating to criminal proceedings Amendment to Criminal Procedure Act 2011 This section amends the Criminal Procedure Act 2011.
In section 387(1)(h), replace “or the Harassment Act 1997” with “, the Harassment Act 1997, or the Victims’ Orders Against Violent Offenders Act 2013”.

Sharing of information about non-contact orders Amendment to Privacy Act 1993 This section amends the Privacy Act 1993.
In Schedule 5, under the heading “Police records”, insert after the item relating to restraining orders: 25 30 35 19 Part 2 cl 22 Victims’ Orders Against Violent Offenders Bill Non-contact orders Details of non-contact orders made under the Victims’ Orders Against Violent Offenders Act 2013 Department of Corrections (access is limited to obtain- ing information about any offender who is subject to a non-contact order while also subject to— (a) a full-time custodial sentence (including released on while parole or subject to an extended super- vision order made under section 107I of the Parole Act 2002 or to conditions im- posed under section 93 of the Sentencing Act 2002); and a sentence of in- tensive supervision, deten- community community tion, work, or supervi- sion; or a order; or a sentence of home detention (includ- ing while subject to post-detention con- ditions).
non-association (b) (c) (d) Access is for the purpose of managing the offender’s sentence and any post-sen- tence conditions in a man- ner consistent with any non- contact order.)

20 Victims’ Orders Against Violent Offenders Bill Legislative history Introduction (Bill 126–1) First reading and referral to Law and Order Committee 27 May 2013 27 August 2013 12 Published under the authority of the House of Representatives—2014 Wellington, New Zealand: 21